Q: Is open source software the same as open systems/open standards? Software developed by US federal government employees (including military personnel) as part of their official duties is not subject to copyright protection in the US (see 17 USC 105). However, you should examine past experience and your intended uses before depending on this as a primary mechanism for support. Thus, open systems require standards that are widely-supported and consensus-based; standards that meet these (and possibly some additional conditions) may be termed open standards. For the DoD, the risks of failing to consider the use of OSS where appropriate are of increased cost, increased schedule, and/or reduced performance (including reduced innovation or security) to the DoD due to the failure to use the commercial software that best meets the needs (when that is the case). SAF/AQC 1060 Air Force Pentagon Washington, DC 20330-1060 (571) 256-2397 DSN 260-2397 Fax: (571) 256-2431 Fax: DSN 260-2431 Featured Links. The DoDIN APL is managed by the Approved Products Certification Office (APCO). Establish project website. (See GPL FAQ, Can I use the GPL for something other than software?.). Under the default DFARS and FAR rules and processes, the contractor often keeps and exercise the rights of a copyright holder, which enables them to release that software as open source software (as long as other laws and regulations are met). Where possible, it may be better to divide such components into smaller components in a way that avoids this issue. Using a standard license simplifies collaboration and eliminates many legal analysis costs. Service Mixing GPL can provide generic services to other software. U.S. law governing federal procurement U.S. Code Title 41, Chapter 7, Section 103 defines commercial product as a product, other than real property, that- (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public . Comfortable shoes. No. Such source code may not be adequate to cost-effectively. The, Educate all software developers that they must comply with all valid licenses - including both proprietary. . Clarifying Guidance Regarding Open Source Software (OSS) states that "Software items, including code fixes and enhancements, developed for the Government should be released to the public (such as under an open source license) when all of the following conditions are met: The government or contractor must determine the answer to these questions: Source: Publicly Releasing Open Source Software Developed for the U.S. Government. On approval, such containers are granted a "Certificate to Field" designation by the Air Force Chief Software Officer. Q: Can the government or contractor use trademarks, service marks, and/or certification marks with OSS projects? For DoD contractors, if the standard DFARS contract clauses are used (in particular DFARS 252.227-7014) then the contractor who developed the software retains the copyright to the software and has the right to release it to others, even if the software was developed exclusively with government funds. The joint OnGuard system and XProtect video solution was tested and approved to protect Air Force Protection Level 1 (PL-1) non-nuclear through PL-4 sites around . An agency that failed to consider open source software, and instead only considered proprietary software, would fail to comply with these laws, because it would unjustifiably exclude a significant part of the commercial market. Even where there is GOTS/classified software, such software is typically only a portion of the entire system, with other components implemented through COTS components. Air Force rarely ranks high on recruiting lists, but this year it brought in the most three-star . If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. If a legal method for using the GPL software for a particular application cannot be devised, and a different license cannot be negotiated, then the GPL-licensed component cannot be used for that particular purpose. Similarly, OSS (as well as proprietary software) may indeed have malicious code embedded in it. What it does mean, however, is that the DoD will not reject consideration of a COTS product merely because it is OSS. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. Obviously, contractors cannot release anything (including software) to the public if it is classified. This memo is available at, The Open Technology Development Roadmap was released by the office of the Deputy Under Secretary of Defense for Advanced Systems and Concepts, on 7 Jun 2006. If you claim rights to use a mark, you may simply use the TM (trademark) or SM (service mark) designation to alert the public to your claim of ownership of the mark. However, this approach should not be taken lightly. These included the Linux kernel, the gcc compilation suite (including the GNAT Ada compiler), the OpenOffice.org office suite, the emacs text editor, the Nmap network scanner, OpenSSH and OpenSSH for encryption, and Samba for Unix/Linux/Windows interoperability. Avenir MJ8 Editions of HeatCAD and LoopCAD. This strengthens evaluations by focusing on technology specific security requirements. FROM: HQ AFSPC/A6 . Export control laws are often not specifically noted in OSS licenses, but nevertheless these laws also govern when and how software may be released. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. 2 Commanders Among 6 Fired from Jobs at Minot Air Force Base Col. Gregory Mayer, the commander of the 5th Mission Support Group, and Maj. Jonathan Welch, the commander of the 5th. Failing to understand that open source software is commercial software would result in failing to follow the laws, regulations, policies, and so on regarding commercial software. . Q: Does the DoD already use open source software? September 22, 2022. Established Oct. 1, 2013, the Defense Health Agency is the centerpiece of Military Health System governance reform, as outlined in the Deputy Secretary of Defense's March 11, 2013 Memorandum "Implementation of Military Health System Governance Reform." The DHA's role is to achieve greater integration of our direct and purchased health care delivery systems so that we accomplish the . In many cases, weakly protective licenses are used for common libraries, while strongly protective licenses are used for applications. OSS projects typically seek financial gain in the form of improvements. As more improvements are made, more people can use the product, creating more potential users as developers - like a snowball that gains mass as it rolls downhill. Users can get their software directly from the trusted repository, or get it through distributors who acquire it (and provide additional value such as integration with other components, testing, special configuration, support, and so on). ), (See also GPL FAQ, Question Can the US Government release a program under the GNU GPL?). The GPL version 2 and the GPL version 3 are in principle incompatible with each other, but in practice, most released OSS states that it is GPL version 2 or later or GPL version 3 or later; in these cases, version 3 is a common license and thus such software is compatible. Thus, Open Source Intelligence (OSINT) is form of intelligence collection management that involves finding, selecting, and acquiring information from publicly available sources and analyzing it to produce actionable intelligence. At project start, the project creators (who create the initial trusted repository) are the trusted developers, and they determine who else may become a trusted developer of this initial trusted repository. Look at the Numbers! Many governments, not just the U.S., view open systems as critically necessary. Q: What are the major types of open source software licenses? If the government modifies existing OSS, but fails to release those improvements back to the main OSS project, it risks: Similarly, if the government develops new software but does not release it as OSS, it risks: Clearly, classified software cannot be released back to the public as open source software. More Mobile Apps. Florida Solar Energy Center's EnergyGauge. Various organizations have been formed to reduce patent risks for OSS. AOD-9604. The FAR and DFARS do not currently mandate any specific marking for software where the government has unlimited rights. MEMORANDUM FOR ALL MAJCOMs/FOAs/DRUs . As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. In the commercial world, the copyright holders are typically the individuals and organizations that originally developed the software. Wikipedias Comparison of OSS hosting facilities page may be helpful in identifying existing hosting facilities, as well as some of their pros and cons. Document from where and when any external software was acquired, as well as the license conditions, so that future users and maintainers can easily comply with the license terms. 7101-7109). Furthermore, 52.212-4(s) says: (s) Order of precedence. Similarly, U.S. Code Title 41, Section 104 defines the term Commercially available off-the-shelf (COTS) item; software is COTS if it is (a) a commercial product, (b) sold in substantial quantities in the commercial marketplace, and (c) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace. Such developers need not be cleared, for example. DoD ESI is pleased to announce the Cybersecurity Multi-Award Blanket Purchase Agreements (BPAs) for Appgate, CyberArk, Exabeam, Fidelis Security, Firemon, Forcepoint, Fortinet, Illumio, LogRhythm, Okta, Ping Identity, Racktop Systems, RedSeal, Sailpoint, Tychon and Varonis Systems. By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. The use of software with a proprietary license provides absolutely no guarantee that the software is free of malicious code. See the licenses listed in the FAQ question What are the major types of open source software licenses?. Estimating the Total Development Cost of a Linux Distribution estimates that the Fedora 9 Linux distribution, which contains over 5,000 software packages, represents about $10.8 billion of development effort in 2008 dollars. Certification Report Security Target. Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings.. The term trademark is often used to refer to both trademarks and service marks. In particular, will it be directly linked with proprietary or classified code? The FAR and DFARS specifically permit different agreements to be struck, within certain boundaries, and other agencies have other supplements. In general, Security by Obscurity is widely denigrated. The resulting joint work as a whole is protected by the copyrights of the non-government authors and may be released according to the terms of the original open-source license. - AF Form 1206, Nomination for Award (2 Aug 17) remains the standard AF award nomination form. OpenSSL - SSL/cryptographic library implementation, GNAT - Ada compiler suite (technically this is part of gcc), perl, Python, PHP, Ruby - Scripting languages, Samba - Windows - Unix/Linux interoperability. Here is an explanation of these categories, along with common licenses used in each category (see The Free-Libre / Open Source Software (FLOSS) License Slide): In general, legal analysis is required to determine if multiple programs, covered by different OSS licenses, can be legally combined into a single larger work. Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. Public domain software (in this copyright-related sense) can be used by anyone for any purpose, and cannot by itself be released under a copyright license (including typical open source software licenses). As noted in FAR 27.201-1, Pursuant to 28 U.S.C. The Air Force separated 610 Airmen for declining the once-mandated COVID-19 vaccination. An Open Source Community can update the codebase, but they cannot patch your servers. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified some of many OSS programs that the DoD is already using, and concluded that OSS plays a more critical role in the [Department of Defense (DoD)] than has generally been recognized. A component of Air University and Air Education and Training Command, AFIT is committed to providing defense-focused graduate and professional continuing education and research to sustain the technological . Q: When a DoD contractor is developing a new system/software as a deliverable in a typical DoD contract, is it possible to include existing open source software? These licenses include the MIT license, revised BSD license (and its 2-clause variant), the Apache 2.0 license, the GNU Lesser General Public License (LGPL) versions 2.1 or 3, and the GNU General Public License (GPL) versions 2 or 3. Clarence Carpenter. What programs are already in widespread use? Thus, avoid releasing software under only the original (4-clause) BSD license (which has been replaced by the new or revised 3-clause licence), the Academic Free License (AFL), the now-abandoned Common Public License 1.0 (CPL), the Open Software License (OSL), or the Mozilla Public License version 1.1 (MPL 1.1). (See also Free Software Foundation License List, Public Domain), (See also GPL FAQ, Question Can the US Government release improvements to a GPL-covered program?). Even if an OTD project is not OSS itself, an OTD project will typically use, improve, or create OSS components. Q: What is the country of origin for software? Creating any interface is an effort, and having a pre-defined standard helps reduce that effort greatly. Similarly, delaying a components OSS release too long may doom it, if another OSS component is released first.
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